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A4338 • 2026

Requires court to consider certain factors in appointing guardian and to justify guardianship appointment on record.

Requires court to consider certain factors in appointing guardian and to justify guardianship appointment on record.

Parental Rights
Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor
Speight, Shanique
Last action
2026-06-01
Official status
Reported and Referred to Assembly Judiciary Committee
Effective date
Not listed

Plain English Breakdown

Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.

Requires court to consider certain factors in appointing guardian and to justify guardianship appointment on record.

Requires court to consider certain factors in appointing guardian and to justify guardianship appointment on record.

What This Bill Does

  • Requires court to consider certain factors in appointing guardian and to justify guardianship appointment on record.
  • Topic: Judiciary Fiscal note: This bill has not been certified by OLS for a fiscal note.

Limits and Unknowns

  • This entry is temporarily using official source text because the generated explanation could not be confirmed against the official bill text during the last sync.

Bill History

  1. 2026-06-01 New Jersey Legislature

    Reported and Referred to Assembly Judiciary Committee

  2. 2026-02-19 New Jersey Legislature

    Introduced, Referred to Assembly Aging and Human Services Committee

Official Summary Text

Requires court to consider certain factors in appointing guardian and to justify guardianship appointment on record.
Topic:
Judiciary
Fiscal note:
This bill has not been certified by OLS for a fiscal note.

Current Bill Text

Read the full stored bill text 
A4338

ASSEMBLY, No. 4338

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED FEBRUARY 19, 2026

Sponsored by:

Assemblywoman� SHANIQUE SPEIGHT

District 29 (Essex and Hudson)

Co-Sponsored by:

Assemblywoman Carter

SYNOPSIS

���� Requires court to consider certain factors in
appointing guardian and to justify guardianship appointment on record.�

CURRENT VERSION OF TEXT

���� As introduced.

��

An Act
concerning guardianship of an adult and supplementing
Title 3B of the New Jersey Statutes.

����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:

���� 1.��� a.� In any proceeding
involving the court determining the need for guardianship services for an
individual pursuant to section 12 of P.L.2005, c.304 (C.3B:12-24.1) and
N.J.S.3B:12-25, the court shall consider, but is not limited to, the following
factors:

���� (1)�� the health, safety, and
the well-being of the individual;

���� (2)�� the ability of the
potential guardian to care for the individual;

���� (3)�� any pre-established
relationship between the potential guardian and the individual;

���� (4)�� any affidavits or
certifications provided by physicians evidencing the individual�s incapacity as
defined pursuant to N.J.S.3B:1-2;

���� (5)�� any report provided to
the court by a court-appointed counsel for the alleged incapacitated individual
in an incapacity hearing; and

���� (6)�� any issue relevant to
the care of the alleged incapacitated individual or the management of the
individuals estate.

���� b.��� After consideration of
the factors set forth in subsection a. of this section, any determination that
an individual is in need of guardianship services pursuant to section 12 of
P.L.2005, c.304 (C.3B:12-24.1) and N.J.S.3B:12-25 shall be based on clear and
convincing evidence.

���� c.���� The court shall
specifically place on the record the factors and evidence which justify the
appointment of a guardian for an individual.

���� 2.��� This act shall take
effect immediately.

STATEMENT

���� This bill establishes factors
a court is required to consider when making a guardianship determination for an
individual.� This bill would apply to general and temporary guardianship,
guardianship for the person, guardianship for the estate, or both.

���� Under the bill, the court is
required to consider, but is not limited to, the following factors: 1) the
safety and the well-being of the individual; 2) the ability of the potential
guardian to care for the individual; 3) any pre-established relationship between
the potential guardian and the individual; 4) any affidavits or certifications
provided by physicians evidencing the individual�s incapacity; 5) any report
provided to the court by a court-appointed counsel for the alleged
incapacitated individual in an incapacity hearing; and 6) any issue relevant to
the care of the alleged incapacitated individual or the management of the
individual�s estate.� The bill requires any determination for guardianship to
be based on clear and convincing evidence.�

���� Finally, the court is required
to specifically place on the record the factors and evidence which justify the
appointment of a guardian for an individual.